In Maine, if you are driving a motor vehicle with a blood alcohol level of .08 percent or more, you are guilty of a criminal offense known as operating under the influence, or OUI. The specific law can be found in Title 29A, Section 2411.

Following your arrest, and based solely on the police report and blood alcohol content (BAC) test result, the Secretary of State will immediately suspend your license. This suspension takes place prior to any court appearance, so while you're waiting for your day in court, you won't be driving.

Blood Alcohol Content (BAC)

BAC is a precise way of stating the amount of alcohol in a quantity of blood. BAC can be measured with a breath test or a blood test. If you have a BAC of .O8 percent or more, you can be found guilty by a court on this basis alone, without further evidence.

Factors that can affect the relationship between alcohol consumed and BAC level include:

Weight

A larger person requires more alcohol to reach a particular BAC level than a smaller person.

Gender

Women generally reach higher BAC's than men of the same weight with the same amount of alcohol.

Amount of food in the stomach

Food slows the absorption of alcohol into the blood.

Time spent drinking

Alcohol is eliminated at the rate of about one drink (1 ounce of alcohol) per hour.

Time since last drink

Because time is needed to metabolize a drink, a person's BAC can continue to rise after he or she has stopped drinking.

The best advice to follow is that if you drink, plan ahead, and designate a non-drinking driver.

Implied Consent

It is important for Maine drivers to remember that a driver's license is not a right guaranteed under our Constitution. It is a privilege that is administratively issued and can be withdrawn by the State.

Under Implied Consent, you automatically agree to a chemical test (blood, breath, or urine) at any time authorities have probable cause to administer it. If you refuse to take such a test for alcohol or drugs, your driver's license will be immediately suspended. The suspension could be for a period of up to six years. Because it is an administrative suspension, no court action is necessary. In addition, testimony from the arresting officer regarding your driving performance can result in an OUI conviction even without the BAC test!

If you are found guilty of OUI based on the police officer's testimony, your refusal to take a test will be considered as an aggravating factor by the judge and another suspension, as well as mandatory jail time, will be added on. So by refusing you will have a much harsher penalty than if you'd taken the test.

Remember a test can protect you. If you are not legally intoxicated, the test will show it.

Conditional Licenses

Reinstated licenses include the condition of not driving after drinking. After the first conviction, the license is conditional for one year. After any subsequent conviction, it is conditional for ten years.

A conditional license can be suspended for one year, without a preliminary hearing, for operating with any amount of alcohol in the blood. A conditional license can be suspended for a period of two years for any refusal to submit to a blood-alcohol test, a penalty which will be added to any suspension previously handed down for an OUI conviction.

Vehicle Seizure or Forfeiture

A person operating under the influence while under suspension for a previous OUI, is subject to vehicle seizure and forfeiture, as well as a fine and jail time.

Minimum Court Imposed Penalties for OUI

Offense		Suspension		Jail Time		Fine
1st no aggravating factors		90 days		0		$400
1st w/aggravating factors (1)		90 days		48 hours		$400
1st refusal (2)		90 days		96 hours		$500
2nd (3)		18 months		7 days		$600
2nd (refusal)		18 months		12 days		$800
3rd		4 years		30 days		$1000
3rd refusal		4 years		40 days		$1300
4th or more		6 years		6 months		$2000
4th refusal		6 years		6 months and 20 days		$2400

Other Consequences

There are many other consequences that come as a result of drinking and driving to consider. Here are just a few:

• All OUI convictions result is a criminal record, not an asset when applying for a job or college entry.

  

• Overall costs associated with an OUI conviction can reach $7000.00.

• Drinking and driving takes thousands of innocent lives each year. Could you live with yourself?

• At present, drunk driving causes more deaths and injuries than any other violent crime; no one, including friends and family, is immune.

Drivers Involved in Fatal Crashes

Every driver involved in a fatal motor vehicle crash, or a crash where death is likely to occur, must submit to a blood alcohol test. Failure to do so will result in a one-year license suspension.

If the Secretary of State is satisfied that a driver, while under the influence of alcohol or drugs, negligently operated a motor vehicle in such a manner as to cause the death of any person, the Secretary shall immediately suspend the operator's license for at least three years. This suspension will be consecutive to any suspension imposed for refusal to submit to a chemical test.

Moreover, a conviction for vehicular homicide can result in a prison term of up to 30 years and a permanent loss of your driver's license if alcohol is involved.

Knowing Your Limit

Misconceptions about alcohol and how it effects safe driving are widespread. Knowing the truth can mean the difference between life and death. When alcohol enters your system, your ability to control a car, and yourself, immediately starts to deteriorate. Good judgement, concentration and your ability to react quickly all start to disappear with the first drink.

The Zero Tolerance Law

If you are under 21 years of age, Maine has a special law for you. If you are found operating, or attempting to operate, a motor vehicle with any measurable amount of alcohol in your body, you will lose your license for one year. If you refuse a test, you will lose your license for one year anyway.

Drivers under 21 years with a BAC of .08 percent or more can be prosecuted for the criminal offense of OUI, but the license suspension must be for one year.

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